What Is a Proprietary Charter?

by Harrison Pennybaker, Demand Media

Originally, large parts of North America were developed from Royal Charters.

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Charters are legal tools -- documents, essentially -- that grant special authority or rights to a particular body. These include political bodies such as cities, schools, research academies or even companies. The body that grants such authority - usually the government or, in the case of monarchies, the Crown - gives some degree of sovereignty to the body to which it grants the charter, although the government or Crown retains ultimate sovereignty. There are several types of charters that have been used in the past, some of which are still in use today in the United States and throughout the world. In the case of a proprietary charter, it is physical property that is granted, although this type of charter is no longer used.

Proprietary Colonies

Proprietary charters were most commonly granted for territories -- giving control over a particular parcel of land to settlers or a company. These charters became known as proprietary colonies and specified an amount of land that was to be given into the control of the governing body in question, such as Britain's Hudson's Bay Company. In the past, such charters often did not account for peoples currently occupying land -- such as Indigenous Peoples -- also known aboriginals, natives, or Indians -- in North America who had been living on the land for thousands of years prior to European arrival on the continent.

Proprietary Charters in North America

During the period of British colonialism in the seventeenth and eighteenth century, proprietary charters were commonly granted for endeavors taken overseas -- especially those taken to North America. Agents of the British Crown who traveled to the New World were granted large pieces of land for their own use and development. In Canada, Prince Rupert's Land was one such tract of land -- stretching over 1.5 million square miles!

Why Give Proprietary Charters?

Proprietary charters are no longer used in modern development. Today, land is bought and sold privately, and regulated by the government. In the past, proprietary charters were used to develop land outside the homeland -- for instance, to colonize far-away islands and territories such as North America. These charters were also used by monarchs to grant favors and to repay debts to those important to the Crown.

Other Kinds of Charters: Past and Present

Charters are still in use today in much of the world, including countries such as the United States, Canada, and the United Kingdom. Municipal charters are granted for the formation of cities, while project charters set the scope and responsibilities of a particular project that is being undertaken. Other charter types include corporate charters -- used to establish a corporate body as an official legal entity. Congressional charters were used until recently to set the authority and rights of a group; however, they were discontinued in 1992.

References

  • United Kingdon Privy Council: Chartered Bodies
  • United Kingdom Privy Council: Royal Charter
  • Britannica Online: Proprietary Colony
  • New World Encyclopedia: Charter

About the Author

Harrison Pennybaker began writing in 2004. He has written as a student and a journalist, specializing in travel, arts and culture, and current affairs. He holds a Master of Arts in political science from the University of Ottawa and is currently pursuing a Doctor of Philosophy in political science at the University of Washington.

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